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United States v. Alexander Kostyukov
15-10597
| 9th Cir. | Sep 25, 2017
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*1 Before: SCHROEDER and FRIEDLAND, Circuit Judges, and WHALEY, [**] District Judge.

Kostyukov challenges four enhancements applied at his sentencing hearing for the first time on appeal. When a party fails to raise an objection at trial “yet asserts error on appeal,” we review for plain error. United States v. Santiago , 466 *2 F.3d 801, 803 (9th Cir. 2006). Plain error is “(1) error, (2) that is plain, and (3) that affects substantial rights.” United States v. Cotton , 535 U.S. 625, 631 (2002) (quoting Johnson v. United States , 520 U.S. 461, 466–67 (1997)). That standard is not met here.

AFFIRMED.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The Honorable Robert H. Whaley, United States District Judge for the Eastern District of Washington, sitting by designation.

Case Details

Case Name: United States v. Alexander Kostyukov
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Sep 25, 2017
Docket Number: 15-10597
Court Abbreviation: 9th Cir.
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